S. 1041
Limits patents in biologic drug lawsuits
Caps how many patents a biologic drug maker can bring in a lawsuit against a company making a cheaper copy, when that company follows certain steps for approval.
- Applies to suits against makers of biosimilars, which are close copies of biologic drugs
- Counts patents filed more than 4 years after the original drug was approved
- Patents on ways to use the biologic drug are not counted
- A court can raise the limit if needed
Passed the Senate · House's turn